WUNRN
Philippine Daily Inquirer
PHILIPPINES - PRESIDENT SIGNS THE
MAGNA CARTA OF WOMEN INTO LAW
Direct Link to Philippines Magna
Carta for Women:
Equal
Rights Trust Press release
20 August 2009
On
14 August 2009, President Gloria Macapagal-Arroyo signed into law Republic Act
9710 (the Magna Carta of Women). The Magna Carta of Women
seeks to eliminate discrimination against women by recognising, protecting,
fulfilling and promoting the rights of Philippino women in all spheres of
society.
The introduction of legislation on women’s rights has been under discussion in
the
The Magna Carta of Women contains extensive provisions which promote women’s
rights, including the right to non-discrimination. It is based on a substantive
notion of gender equality and aims at real empowerment of women. Section 2
declares that:
“The State affirms the role of women in nation building and shall ensure the
substantive equality of women and men. It shall promote the empowerment of
women and pursue equal opportunities for men and women as well as ensure their
equal access to resources and to development results and outcome.”
The following strengths of the new law are noteworthy:
- Section 3 (b) defines discrimination against women as any gender-based
distinction, exclusion or restriction which has the effect or purpose of
impairing or nullifying the recognition, enjoyment or exercise by women, irrespective
of their marital status, on a basis of equality of men and women, of human
rights and fundamental freedoms in the political, economic, social, cultural,
civil or any other field;
- Section 3 (f) states that gender equality refers to the principle asserting
the equality of men and women and their right to enjoy equal conditions
realizing their full human potential to contribute to and benefit from the
results of development, and with the State recognizing that all human beings
are free and equal in dignity and rights;
- Section 4 provides that “rights of women” shall include all rights recognised
under international instruments duly signed and ratified by the
Philippines;
- Section 5 (a) states that within the next five years, there shall be an
incremental increase in recruitment and training of women in the police force,
forensics and medico-legal and legal services, and such other services availed
by women who are victims of gender-related offenses until fifty percent (50%)
of personnel shall be women;
- Section 8, on equal treatment before the law, requires the State to take
steps to review, and when necessary, amend and/or repeal existing laws that are
discriminatory to women within three years of the Act entering into
force;
- Section 9, regarding equal access to, and elimination of discrimination in
education, scholarships and training, provides that the State shall remove
gender stereotypes and images in educational material and curricula.
Furthermore, the enrolment of women and men in non-traditional skills training
in vocational and tertiary training shall be encouraged and the expulsion,
non-readmission, prohibiting the enrolment and other related discrimination of
women students and faculty due to pregnancy shall be outlawed;
- Section 11 provides that the State shall pursue appropriate measures to
eliminate discrimination of women in the military;
- Section 15, covering equal rights in all matters relating to marriage and
family relations, provides that the State shall ensure the same rights of women
and men to: enter into and leave marriages; freely choose a spouse; decide on
the number and spacing of their children; enjoy personal rights including the
choice of a profession; own, acquire, and administer their property; and acquire,
change, or retain their nationality. It also states that the betrothal and
marriage of a child shall have no legal effect;
- Chapter IV (sections 16 – 28) provides protection to women from
discrimination in the exercise of civil, political and economic rights in
marginalised sectors; this includes the rights to food security and resources
for food production; localised, accessible, secure and affordable housing;
employment, livelihood, credit, capital and technology; skills, training and
scholarships towards women-friendly farming technology; access to information;
social protection; and recognition and preservation of cultural identity and
integrity.
One disappointing aspect of the Magna Carta is that many of its rights
provisions are contingent on the State providing policies and initiatives for
the realisation of women’s rights rather than explictly stating the rights of
women. For example, in section 16 (a) (the right to food), section 17 (the
right to housing) and section 18 (the right to decent work) are expressed in
terms which connote the provision of social goods by the State rather that the
exercise of fundamental rights of persons.
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